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On July 11, at Beijing Capital Airport, Xu Chaofan (middle) was forced to return to the country. Yin Gangshe, Xinhua News Agency reporter
Red Pbad Xu Chaofan was repatriated to recover 2 billion
Yesterday, the main interested "Kaiping branch case", and the American suspect who had fled the United States for 17 years, Xu Chaofan was forcibly returned to the country.
The same day, the website of the State Commission for the Discipline Inspection of the Central Commission for Discipline Inspection published the news, and Xu Chaofan became the first suspect of resignation from abroad after the creation of the Supervisory Committee. It is also the first case of forced repatriation of major offenders in developed countries after they have pursued lawsuits in different places and served their sentences in different places. Official information shows that Xu Chaofan, the former chairman of the Kaiping branch of the Bank of China in Guangdong Province, was suspected of embezzling $ 485 million from the Chinese bank in 2001. In cooperation with Chinese and American law enforcement, Xu Chaofan was arrested by the United States in 2003 and sentenced to 25 years in prison in the United States in 2009.
The official news also states that Until now, the case processing unit and the Bank of China have recovered more than 2 billion RMB from Xu Chaofan's file.
■ Secret
China provides 150,000 pages of evidence to the United States
The opening case of Xu Chaofan was formerly called 'the case corruption of the most corrupt and diverted since the founding of new China. In October 2001, the case was closed. Xu Chaofan, the former chairman of the Bank of China, Yu Zhendong and Xu Guojun, the two successors of the Bank of China, have been suspected of colluding with corruption, diverting funds from the Bank of China of 39, about $ 485 million and fleeing to Hong Kong and Canada.
after the incident, under the unified coordination of the Central Commission for Discipline Inspection, the Supreme Court, the Supreme People's Congress, the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Public Security. Justice. The relevant departments of Guangdong Province quickly acted to coordinate the joint US investigation. In September 2003, Xu Chaofan was arrested in the United States.
The article mentions that in April 2004, the same criminal, Yu Zhendong, voluntarily returned to China for trial and was sentenced to 12 years in prison. However, Xu Chaofan chose to be recalcitrant and tried to use loopholes in US law to escape punishment. According to the consensus on reciprocal disputes between China and the United States, the Central Commission for Discipline Inspection has organized and coordinated the highest inspection, the Ministry of Public Security, the Ministry of Justice and the Ministry of Justice. other units. In May 2009, the United States sentenced Xu Chaofan to 25 years in prison.
In 2014, at the beginning of the establishment of the Central Prosecution Office, Xu Chaofan's case was on the list of supervisory cases and a key case of Sino-US cooperation. In September 2015, Xu Chaofan's wife, Fang Fang, was forced to return to China by the United States and in June 2018, Xu Chaofan was sentenced to a repatriation sentence.
Yesterday, at 1:27 pm, an international flight departing from the United States landed at the Beijing International Airport and Xu Chaofan, who fled for 17 years, was brought to justice: "This is more I have a hard time and I can not wait until the end of the day.The country has always given me the opportunity to let me come back and to confess.Even if I do not return to China, I will finally be sent back.Our country is very strong now, and all the countries For the fugitives, seize the opportunity and come back to the country to surrender, it is the only way out, there is no choice … Then I will cooperate with the investigators to explain things frankly and globally. "
■ Interpretation
Xu Chaofan been forced to repatriate to the country is a major step forward in the pursuit of China's recovery. Under what circumstances will flight personnel be forced to repatriate? Why will Xu Chaofan be sentenced in the United States? What will he face once he is returned to the country? On these issues, the reporter interviewed Huang Feng, director of the G20 Anti-Corruption Research Center and professor of the Penal Law Research Institute of the Beijing Normal University.
1 Why choose a different place to pursue?
The foreign legal status of the suspect may be revoked and repatriated
After the case of "opening the proceedings", the three main criminals in the case, Yu Zhendong, Xu Guojun and Xu Chaofan fled with their families.
After fleeing the United States, Xu Chaofan obtained the United States Green Card and obtained permanent residence, which results in China not signing an extradition treaty between China and the United States. On the other hand, because Xu Chaofan had the legal status of the United States, he could not use the law on immigration.
"At that time, the US authorities had taken a different approach to prosecuting and providing its crimes and evidence: money laundering, transfer of illicit income to the United States and the theft of funds to the Bank of China violating United States. The law, the US law considers the partnership to steal funds from financial institutions as a serious organized crime, so the Chinese authorities have provided relevant evidence to relevant agencies in the United States, urging the United States to prosecute them locally. "Huang Feng said.
Huang Feng also mentioned that an" extra "effect of the lawsuits in different places is that even if a foreigner gets permanent residence, he is convicted of it. a serious crime in the United States, his legal status will be revoked.
In this way, after the release from prison of Xu Chaofan, the consequences were that he could be forced to return home.
case to be repatriated after being sentenced abroad is also Li Huabo, a No. 2 suspect of "100 Hongtong staff" and a person named "100 million shares of the company"
As a former head of the Economic Construction Unit of the Shuyang County Finance Bureau, Jiangxi Province, Li Huabo was suspected of embezzling public funds from million yuan and fled in January 2011. Since then, relevant evidence of the trans Cross-border theft of stolen money and falsified immigration application documents from Li Huabo have been submitted to Singapore. On July 10, 2014, the Singapore High Court issued a final judgment and sentenced Li Huabo to 15 months in prison. Six months later, Singapore canceled Li Huabo's permanent residence. According to Singapore law, Li Huabo was sent back to China on the day of his release.
2 How to treat returnee suspects?
Experts say Xu Chaofan will face a new trial in China
After being forced to return, what will happen to Xu Chaofan after returning to China? Huang Feng said that Xu Chaofan will face a new trial at home. According to Article 10 of the Criminal Law of the People's Republic of China, any person who commits a crime outside the territory of the People's Republic of China and incurs criminal responsibility in accordance with this Law may be prosecuted in l & # 39; abroad. May be exempted or mitigated.
It should be mentioned that Yu Zhendong, another criminal of the "opening case" of the same year, was arrested in the United States in December 2002 after fleeing to the United States .
During a criminal case in the United States, Yu Zhendong agreed to engage in a "plea bargain" in exchange for a lighter sentence, recognizing that he had committed a crime in the United States, accepting the Chinese to persuade him and repatriate him.
At the same time, the relevant departments also gave the United States a written commitment to exempt Yu Zhendong from the death penalty. On April 16, 2004, in accordance with the US "plea bargaining" procedure, Yu Zhendong was sentenced to 144 months in prison and was repatriated.
Yu Zhendong after returning to China was also sued by the judicial authorities. On March 31, 2006, the Guangdong Provincial Intermediate People's Court issued a first-instance judgment on Yu Zhendong's corruption and embezzlement, sentenced Yu Zhendong to 12 years in prison, and confiscated RMB 1 million. .
The same goes for the opening of the proceedings and the same crimes: the legal sanctions imposed by Xu Chaofan and Yu Zhendong are not light. "One can also see that on the question of whether the fugitives accept persuasion, the judiciary reflects the criminal policy of leniency and more stringent," said Huang Feng.
3 What is the status of other fugitives?
In the notification of Xu Chaofan forcibly returned from the United States, the website of the Central Commission for Discipline Inspection of the State Commission for the Discipline Inspection was mentioned in the central anti-corruption document. Under the leadership of the coordination group, the Central Prosecutor's Office coordinated the forces of all parties and played the role of the departments of Diplomacy, Justice, Suppression, Anti-Money Laundering and Anti-Corruption in Guangdong Province. The reason forces of all scales must be mobilized, said Huang Feng, is that the pursuit of overseas activities is a global project. "It is necessary to pursue activities in different countries.It is necessary to use the Ministry of Justice, administrative organs, judicial bodies, etc., of the countries concerned, and involve the various competent authorities in China, as well as the involvement of relevant money laundering units. "
Sino-US Cooperation The Joint Liaison Group Anti-Corruption Working Group has identified the Xu Chaofan case as a key case for the pursuit of both countries: the two sides worked closely together and advanced. Under the strong pressure of cooperation and repressive policy between China and the United States, Xu finally agreed to the repatriation agreement.
At the 12th Plenary Session of the China-United States Joint Liaison Group on Police Cooperation in 2014, China and the United States jointly identified five cases of Yang Xiuzhu, Wang Guoqiang, Huang Yurong, Xu Chaofan and Qiao Jianjun. Journalist Yang Xiuzhu, the first secretary of the Fengcheng City Committee in Liaoning Province, who fled the United States for two and a half years, Wang Guoqiang, returned to the United States to oversight and supervisory bodies of discipline. Suddenly delivered, Huang Yurong, who fled the United States for 13 years, went home, the escape suspect, Qiao Jianjun and his ex-wife, were also prosecuted by the department American judicial system.
Beijing News reporter Wang Mengyao
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